What Constitutes Legal Advice?

criminal defense attorney oakland countyThere is a thin line between legal advice and legal information. Whether one is meeting with a criminal defense attorney oakland county for a consultation or speaking to one online, it is important to understand the two.

In general, only a licensed attorney can give legal advice. Non-legal professionals can recite legal information, but not provide official advice. It is illegal, typically, for a non-licensed attorney to give legal advice too.

Legal advice is the written or oral counsel provided by an attorney. It will refer to the rights of the client receiving the help. Also, to qualify as valid legal advice, the individual must provide the client or person with an analysis of the law and how it applies to their case. Providing a speculation on generic facts is not considered legal advice.

criminal defense attorney oakland countyIt is a criminal defense attorney in Oakland County’s job to provide their client or individuals that come in for a consultation legal advice. However, there must be a clear client-attorney relationship for that information to be considered “advice.”

Identifying Legal Advice Further

Receiving advice from a family member or friend is not regarded as legal advice, especially if that person is not a licensed attorney. When actual legal advice is provided, it forms the bond of attorney-client relationship, and that relationship is based on the matter the client meets with the attorney about.

To be legal advice, the information provided by the attorney must have the following characteristics:

• The information must require legal knowledge, judgment, and education.

• The advice must affect a person’s legal rights or legal responsibilities.

• The advice must create a relationship between the individual giving advice and the individual receiving advice.

• The advice must apply to a particular law and set of circumstances that are within that law.

criminal defense attorney oakland county

Legal advice should also pose an action that the person must take. For example, a criminal defense attorney in Oakland County tells a client that they need to fight their recent DUI arrest. This is advice that is actionable.

Some examples of legal advice include:

• Drafting or completing legal documents.

• Representing a person in court.

• Speculating an outcome of a case.

• Advising a client about whether they should file bankruptcy or not.

• Telling a client if they qualify for government benefits.

• Negotiating on behalf of a client’s legal rights.

• Selecting forms or completing them for someone.

Identifying What Legal Advice Does Not Look Like

criminal defense attorney oakland countyLegal advice is very accurate, but often legal information is mistaken for legal advice. Legal information that is generic, factual, and does not apply to a situation unique to a person is not considered legal advice by the courts.

To ensure that information is not mistaken for advice, most attorney websites and blogs will clearly state information is not substitute for legal advice.

Some instances where information is not considered legal advice include:

• Legal information obtained on a free website or blog.

• Advice from friends or family members.

• Information seen on billboards, advertisements, or in the paper.

• Information from social media.

• Printed how-to materials.

• Legal self-help or DIY forms.

• Responses to legal questions posted in online forums.
 

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